1.1. “Company” means PUSH Mind and Body Limited
1.2. “Client” means the party named as such on the quotation, invoice, order confirmation or contract and/or agent acting on his/her behalf.
1.3. “Services” means the services set out in the quotation, invoice, or contract.
1.4. “Account” means the signed-off programme to be undertaken by the Company
1.5. “Contract” means the contract between the Company and the Client comprising these terms and conditions. These terms and conditions shall apply to all assignments, campaigns and other services set out in the quotation, invoice, order confirmation or contract insofar as shall otherwise specifically be agreed in writing by the Company, notwithstanding that the Client may choose to provide confirmation, purchase order or other document containing other terms and conditions. The Client shall not be entitled to rely on any representation or warranty, express or implied, which is not contained herein.
1.6. “Output” means any product or service supplied by the Company to the Client.
1.7. “Input” means any product or data received by the Company on behalf of the Client, in whatsoever format.
The Company shall not be liable for any delay or failure in performance of its obligations under this agreement which is due to or results from any circumstances beyond its reasonable control. In any such event the Company shall be entitled to delay or cancel delivery of the Service.
This agreement shall be governed and construed in all respects in accordance with the Law of England and shall be subject to the exclusive jurisdiction of an English Court of Law.
4.1. The Company shall provide a Proposal to the Client for each project. The Proposal forms part of this agreement.
4.2. The Client assumes sole responsibility for ensuring that the Service described in the Proposal meets its requirements before signing the Proposal.
4.3. The Client will deliver approval through email confirmation. At this time, a contract shall be created between the Company and the Client for the supply of the Service.
4.4. Once the approval has been received, the Client acknowledges that they have read these Terms and Conditions, understands them and agrees to be bound by them.
5.1. The Company will bill the client on a monthly basis for services delivered.
5.2. Prior to each payment due date, the Company shall issue an invoice to the Client. Unless otherwise stated in the Proposal, each invoice is payable within 14 calendar days.
5.3. If the Client fails to make payment on a due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to suspend or terminate the Service.
5.4. Should a payment be late by 30 or more days, the Company may suspend the Service.
5.5 In the event that any payments due under these terms and conditions become overdue, interest on such amounts shall be payable by the Client, from the due date to the actual date of payment, after as well as before any judgment, at the rate of 7% over the base lending rate for the time being of National Westminster Bank plc. Such interest shall accrue on a daily basis and be compounded quarterly.
5.6. In the event that any payments due under these terms and conditions become overdue, the Company reserves the right to add a fee of £100+VAT to cover the costs of administration of the debt.
5.7. All payments shall be paid in full without set off, deduction or counterclaim whatsoever.
5.8. Where any invoice includes a reduction due to an agreement to pay by Direct Debit or Standing Order, should the payment not be made by such means, the Company reserves the right to recharge the reduction.
5.9. The company reserves the right to vary the Purchase Price according to further requirements made by the Client subsequent to order acknowledgement. Any such variation shall be advised by the Company in writing and confirmed by the Client in writing before either the work proceeds further or any charges are incurred.
6.1. The Company shall not be liable to the Client for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Client which arise out of or in connection with the supply of the Service or their use by the Client.
6.2. The Client assumes all risks as to the suitability, quality, and performance of the Service.
6.3. The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of this contract shall be limited to, and in no event shall exceed, the amount originally paid to the Company for the Service.
6.4. The Company shall not be liable for any loss, damage or delay which arises as a result of the termination of the contract between us, or for our compliance with relevant statutory or regulatory requirements.
6.5. It is the responsibility of the Client to ensure that the deliverables comply with all laws, regulations and codes in all countries where the deliverables are used. The Client agrees to indemnify the Company against any costs arising from the use or misuse of the deliverables.
6.6. No verbal or written information or advice given by the Company or its dealers, distributors, employees or agents shall in any way extend, modify or add to these conditions.
The Company carries public liability insurance cover of £1,000,000.
Each employee of the company have the relevant and required insurances in place, in order to perform their roles.
Upgraded specific project insurance cover can be provided if required upon request.
Each party may terminate this Agreement by written notice to the other if the other party breaches any material provision of this Agreement and (where remediable) does not remedy that breach.
In which instance, the Company requires the Client to provide 28 days notice to terminate the agreement. All owed monies shall be paid up until this point.
No monies shall be refunded to the Client on completion of the programme.
If the client needs to cancel a session they must give 48hours written notice. Otherwise, they will be charged for that session.
PUSH Mind and Body, 22 Wenlock Road, London. N1 7GU
Company Registration Number: 09361755